OUR CONDITIONS

Article 1 General

clause 1 If a booking agreement is made between a client and photographic models, make-up artists or stylists (hereinafter referred to as ‘models’), the following booking conditions shall apply in all cases, and these booking conditions shall prevail even if the client has general conditions, unless otherwise agreed in writing.

section 2 The client is only entitled to use the publication rights of a model after payment of the invoice amount, mentioned in Article 2 section 1 and only in a way as previously agreed with the model via Euromodel. Any other use is not permitted, especially what is mentioned in Articles 4 and 5.

Article 2 Bookings

clause 1 A booking agreement is an agreement between the client and the model. The model undertakes to provide some services on a certain date (further “booking date”) and to cede publication rights to the client for a certain time; the client undertakes to pay Euromodel for services rendered by model and Euromodel. The booking agreement is established when a client commits himself through Euromodel with the model (further “booking”) to purchase these services and publication rights for a certain amount (further “invoice amount”).

clause 2 The invoice amount is the sum of:

A. Model fee consisting of the standard rates, royalties, surcharges and special surcharges declared by the model.

B. Agency fee 20% over a and b.

C. Travel expenses.

D. VAT on the total.

para 3 Models can be booked by full day and half day.

Article 3 Standard fees

Paragraph 1 The standard rates set by the models are on request. In the absence of written agreements to the contrary with the design or written and oral communications from the office, the standard fees shall be binding.

para 2 The standard fees consist of a fee for work and publication rights expressed in:

a. Day rate: this rate is charged for bookings of 1 day. In this case, the model is actually at the client’s disposal for 8 hours. In the case of film recordings, the model is actually at the client’s disposal for 10 hours.

b. Half-day rate: half a day consists of 4 hours and must in any case end before 13:00 or start after 14:00.

clause 3 For photo assignments, the client acquires, upon payment of the standard rate, the publication right to publish the photo material made on the booking date in daily and weekly newspapers and advertising leaflets with a maximum circulation of 850,000 printed copies and use for owned online marketing for a period of 1 year after the booking date within the Netherlands. For use as mentioned under Article 4, surcharges apply. A separate agreement must be concluded for deviating use and in particular the use mentioned under Article 5.

clause 4 The client has a duty of notification to Euromodel regarding any change and/or adaptation and/or conversion of what is mentioned in clause 3, whereby the design and/or the material and/or the publication rights are used other than as agreed in writing between the client and the design.

clause 5 If preparatory work for recordings such as rehearsals and fittings and the like does not take longer than two hours, half the standard hourly rate shall apply. Thereafter, the full standard hourly rate shall be charged.

Article 4 Surcharges

paragraph 1 In the case of the following services and/or publication rights, in addition to the. standard rates, the following surcharges will be charged by the models, whether or not expressed as percentages of the standard rate:

a. For work between midnight and 8 a.m., the surcharge shall be twice the standard rate.

b. For nude shots, the surcharge is at least half the standard daily rate; above that, a surcharge of 100% of the standard rate applies.

c. For lingerie and/or underwear recordings, the surcharge is 50% of the standard rate.

d. For use in other countries, the surcharge is 50% of the standard rate and other surcharges. (with the exception of Germany and Belgium 100%)

e. For bill-boards, abri’s, trams, buses, posters and displays/p.o.s. material etc: rates on request.

f. For commercials on Dutch, regional and foreign stations rates on request.

g. If the period referred to under Article 3 paragraph 3 has expired, the client acquires, on payment of a surcharge of 100% of the agreed amount, together 105%, the publication rights for one more year in the Netherlands, following the period mentioned.

h. If the circulation mentioned under Article 3 Paragraph 3 is higher than the stated maximum, the surcharge shall be 100% of the standard rate plus other surcharges for the publication rights on a maximum of the double circulation.

i. If any surcharge is due per calendar year and/or other period and/or number of broadcasts, the client shall pay the entire surcharge applicable thereto, even if the facility or material is not used during the entire period.

Clause 2 The client has an obligation to notify Euromodel of any change and/or adaptation and/or conversion of that which is mentioned in the first paragraph, whereby the design and/or material and/or the publication rights are used in a different manner than agreed in writing between the client and the design.

Article 5 Special supplements

clause 1 For the deviations from the use mentioned in Article 3 clause 3 and/or Article 4, a separate written agreement must be concluded between the client and the model (via Euromodel) with regard to the deviating use and the pricing thereof. The design shall be entitled to a surcharge to be agreed upon, in particular for use for:

a. book covers, calendars, stickers etc.

b. Packaging.

c. Cinema commercials or similar messages.

d. Video/tv/film recordings, or other (new) recording media; in the case of recordings to be used for TV commercials, a separate surcharge applies, only if it deviates from what is stated in Article 4 paragraph 1 under f.

e. Live shows, presentations in any sense whatsoever, whether or not intended for video/tv.

f. Exclusivity of the model desired by the client.

g. Campaigns longer than 12 months.

h. Media not named above/until now unknown media.

i. More than one medium, e.g. the use of existing material, such as packaging, in a TV commercial.

j. Conversion of one medium into another medium.

k. More than one subject of the material.

clause 2 The client has an obligation to notify Euromodel regarding any change and/or adaptation and/or conversion of that which is mentioned in the first clause, whereby the design and/or the material and/or the publication rights are used other than as agreed in writing between the client and the design (via Euromodel).

Article 6 Travel

clause 1 If the work is performed outside Amsterdam, the client must reimburse the full travel costs, by way of mileage allowance. In the case of transport by air on the basis of tourist class; the client must also reimburse the taxi costs incurred.

para 2 Travel and accommodation expenses for trips abroad must be paid by the client.

clause 3 Travel and accommodation expenses for models living or staying abroad shall be charged in full to the client. All fees mentioned in this Article are exclusive of VAT.

Article 7 Payments

clause 1 Euromodel invoices the client on behalf of the model. The client must transfer the invoice amount to the account of Euromodel, account number NL76ABNA0427567238, within 30 days after the date mentioned on the invoice, mentioning the invoice number.

member 2 In the event of non-payment or late payment of the invoice amount and/or other amounts due, the extrajudicial costs between the parties, in anticipation of the determination of the actual costs, shall be provisionally indexed at an amount equal to 15% of the invoice amount, without prejudice to the client’s obligation to pay the penalty(s) referred to in Article 11.

clause 3 If the term of payment has expired, the pattern and/or Euromodel shall be entitled, without prejudice to the rights resulting from this, to charge interest for late payment at a rate of 1.5% of the amount due per month or part of the month, to be calculated as from 30 days after the date mentioned on the invoice.

member 4 All costs incurred by the pattern and/or Euromodel to enforce the rights of the pattern and/or Euromodel, as well as all judicial and extrajudicial (collection) costs, shall be owed by the client without further warning or proof of default. The aforementioned (extra)judicial (collection) costs amount to at least 15% of the amount to be claimed with a minimum of 75,- plus postage costs per separately claimed invoice amount.

part 5 Should the model and/or Euromodel have to incur any (extra)judicial or other relevant costs in order to demonstrate that the client is not complying with the booking conditions, only if the latter also turns out to be the case, then these costs shall be for the client’s account.

clause 6 If the client does not complain in writing, stating reasons, within 8 days of the invoice date, he shall be deemed to be in full agreement with the contents of the invoice received. The client may or may not be entitled to suspend his obligations based on any complaints.

clause 7 The client shall remain liable for payment of the invoice at all times.

Article 8 Options

Through Euromodel, the model can grant the client/opposer the right of priority (further ‘option’) to book the model for a specific date. Options should be converted into a booking more than 24 hours, and for models living or staying abroad 48 hours, before the booking date. Options will automatically expire in case of non-timely confirmation. If another client wishes to book the relevant model for the same day(s), the optant must decide at that time to convert the option into a booking agreement. If the option is not then converted into a booking agreement, the option will lapse and the other client can book the model for that particular date.

Article 9 ‘Fine weather bookings

If the client has clearly stated in his booking that it is only valid under the condition that the weather is good (hereinafter ‘fair-weather booking’), such a booking can be cancelled once free of charge. If this fair-weather booking is repeated and cancelled a second time, half of the invoice amount is due. In case of a third cancellation, the entire invoice amount is due regardless of the time that has elapsed since the previous cancellation.

Article 10 Cancellations

paragraph 1 If the client cancels the booking more than 48 hours, and for models residing or living abroad more than 72 hours, before the booking date, no fee shall be due. Regardless of whether the client can be blamed or charged for the cancellation, if the booking is cancelled within 48 hours or 72 hours respectively, 50% of the full, agreed invoice amount shall be due and 100% shall be due if the booking is cancelled on the booking date itself.

Paragraph 2 For bookings of several days, paragraph 1 shall apply accordingly, on the understanding that the cancellation period shall be as long as the booking period.

Article 11 Penalty clause

Should the client fail to comply with his obligation to report and/or his obligation to pay as described in Articles 3, 4, 5, 6 and 7, the client shall forfeit, without notice of default being required, in favour of the model and Euromodel, an immediately payable fine of five times the invoice amount for each default by the client.

Article 12 Liability

para 1 If the model does not fulfil the agreement with the client, whether or not through the mediation of Euromodel, or does not do so adequately, or makes negative remarks about the client, Euromodel cannot be held liable for any damage which may result from this for the client.

member 2 The client shall be liable for any damage which may arise for the model and Euromodel as a result of a (booking) agreement.

clause 3 Under no circumstances, except in the case of malicious intent, shall, contrary to what is stated in the Civil Code regarding liability arising from an agreement, the model be liable for more than the total of the invoice amount minus the agency fee and Euromodel for the total of the agency fee, respectively.

clause 4 The model and or Euromodel cannot be held liable for any damage resulting from the booking agreement for longer than one year after the booking date.

Article 13 Third parties

clause 1 If the client agrees in any way with third parties to use any of the material mentioned in the above conditions, the duration of that agreement shall not exceed the duration of the agreement made with the model, unless his/her prior written consent (via Euromodel).

member 2 In case of violation of the first paragraph, the client forfeits in favour of the model an immediately claimable fine of five times the amount of the invoice without notice of default being required.

subsection 3 In addition to the fine mentioned in subsection 2, the client shall remain fully liable to the model for damages for violations of subsection 1.

clause 4 The client commits himself towards the design on forfeit of a fine of five times the invoice amount to include a penalty clause in an agreement to be made with third parties, as referred to in clause 1, in case these third parties make use of the material without permission of the client after the agreement made with the client has ended. This penalty shall be five times the invoice amount per violation and shall be payable by such third party directly to the model.

clause 5 All payments of fines shall be made via Euromodel, which shall ensure that the money is transferred to the relevant model.

Article 14 Dispute settlement

These booking conditions are subject to Dutch law. All disputes resulting from a (booking) agreement concluded with the model and/or Euromodel shall be judged according to Dutch law and must be brought before the competent court in Amsterdam.